Description
Book SynopsisA unique defense of Federalism, making the case that constitutional law in America--encompassing the systems of all 51 governments--should have a role in assessing the right balance of power among all branches of our state and federal governments.Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is-because it reveals who governs us. In Who Decides, the influential US Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. By concentrating on the role of governmental structure in shaping power across the 50 American states, Sutton develops a powerful explanation of American constitutional law, in all of its variety,
Trade ReviewIn his new book, Jeffrey Sutton shows Uncle Sam could learn a thing or two from the states in how they divide and check government power. * Thomas Koenig, Harvard Law School, American Purpose *
Who Decides? offers, then, a spirited and engaging text that is both a work of impressive but extremely readable scholarship and a thoughtful appreciation of a working American constitutional federalism... In short, Sutton has produced another book that is essential reading for scholars of federalism and constitutional law more broadly. * Sean Beienburg, Publius: The Journal of Federalism *
Compared to our well-lit understanding of the development of the U.S. Constitution, how state constitutions have developed is a black box. Jeff Sutton's deep dive inside reveals more of the wonders of American federalism and shows us better how it works. * Nathan Hecht, President, Conference of Chief Justices, and Chief Justice of the Supreme Court of Texas *
Jeffrey Sutton, one of America's most distinguished judges, has picked up where he left off with 51 Imperfect Solutions. In Who Decides, he deftly tells the rest of the story, moving from individual constitutional rights to structural constitutional guarantees. Through it all, he confirms the peril of thinking about American constitutional law without accounting for the role of the federal and state courts—and the federal and state constitutions—in protecting liberty. Written with grace and verve, this is the rare book that lawyers and non-lawyers alike will savor, learn from, and remember. * Laurence H. Tribe, University Professor of Constitutional Law Emeritus, Harvard Law School *
Jeffrey Sutton is both one of America's most distinguished federal judges and a leading scholar of state constitutional law. This sophisticated yet accessible volume highlights important differences between the structure of the federal government (as established by the federal Constitution) and the structures of state governments (as established by the various state constitutions). Sutton's analysis is thoughtful and fair-minded, and the book is packed with insights. * Caleb Nelson, Emerson G. Spies Distinguished Professor of Law, University of Virginia *
This book helps to explain why Jeffrey Sutton may well be the most widely admired, across the ideological spectrum., of current federal judges. It is an unfailing fair-minded examination of the realities of American federalism, particularly the profound differences one finds in state governments when compared with the structures of the national government. Written clearly and accessible to all, it should be read by anyone concerned about our diminishing faith in national governmental institutions. * Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance *
In Who Decides?, Judge Sutton imparts a vitally important lesson: When reflecting on constitutional structure and the separation of powers, we would do well to pay far more attention to state constitutions. By highlighting the distinctive design choices in states' founding documents, this book enriches our collective understanding of how we allocate power within our governments, both state and federal. * Miriam Seifter, University of Wisconsin Law School *
Table of ContentsPreface Introduction Part I: The Judicial Branch 1 Umpiring and Gerrymandering 2 Judicial Review: Democracy and Duty 3 Judicial Selection: How to Use Democracy to Select Individuals for a Non-Democratic Job 4 Are You a Territorial Judge or a Territorial Lawyer? Part II: The Executive Branch 5 One Chief Executive or Many? 6 Administrative Law: How to Write and Implement Our Laws? Part III: The Legistlative Branch 7 State Legislatures and Distrust: Clear-Title and Single-Subject Requirements 8 Trying to Make Legislatures More Representative Part IV 9 Local Governments Part V 10 Amending Constitutions to Meet Changing Circumstances Epilogue Appendix Notes Index
